Death penalty for child rapists does not mean swifter or better justice: Reporting of rape deterred, not act

About 90 percent of child rape cases were pending trial in India in 2016, no more than 28 percent of such cases ended in conviction, and there is a 20-year backlog in bringing cases to trial, the latest available national crime data show. Reporting may be deterred, not rape There were 19,765 reported child rapes in India in 2016, or 54 every day, under section 376 of the Indian Penal Code and section 4 and 6 of the Protection of Children from Sexual Offences Act–an increase of almost 6 percent compared to 2014 when 18,661 cases were reported. Reported Cases of Child Rapes, 2012-16 Child Rape Cases Reported Sec 376 of Indian Penal Code Sec 4 of POCSO Act Sec 6 of POCSO Act Total Source: National Crime Records Bureau Note: Child rape cases in 2016 have been recorded under section 376 of the IPC and section 4 & 6 of the POCSO Act. The conviction rate for child rape was 28 percent–inclusive of cases reported under section 376 of IPC and section 4 and 6 of POCSO Act–in 2016, compared to 34 percent in the previous year under section 376 of IPC, and 41 percent and 32 percent under section 4 and 6 of the POCSO act in 2015 respectively. Amendments to Indian Penal Code, Section 376: Minimum punishment for rape has increased from seven to ten years imprisonment, as per an amendment to subsection A new sub-clause states that the minimum punishment for rape of a woman under 16 years is 20 years imprisonment Subsection has been amended to include a provision for fines imposed on the convicted and paid to the victim in order to cover medical costs and rehabilitation Newly inserted clause 376 AB states minimum punishment for rape of a woman under 12 years is 20 years imprisonment, plus courts can also grant the death penalty Minimum punishment of life imprisonment for the gang rape of women under 12 and 16 years has beer prescribed under the newly inserted clauses ; courts can also grant the death penalty for rape of under 12 year olds Police officers convicted of committing rape now face minimum imprisonment of ten years, no matter where the crime was convicted, as per an amendment to clause Amendment to Code of Criminal Procedure Rape case investigations must be completed within three months of the date when the crime was first recorded in the police station, as per amendment to Section 173 All appeals to rape cases should now be disposed of within 6 months, as per amendment to Section 374 No anticipatory bail can be given to those accused of raping under 16 year olds, according to a new subsection added to Section 439 A person accused of raping an under 16 year old may have an informant/approved person present during a bail application hearing, according to a new subsection added to Section 439 Amendment to POCSO Act and Evidence Act Section 42 of the POSCO Act has been amended to include the amendments to section 376AB, section 376DA, and section 376DB of the Indian Penal Code.